
Class L B> 2, 5 2.3 
Book f y^S. 



t 

-THE- 



Common School Laws 



OF THE 

t 



STATE OF GEORGIA 



ATLANTA, GA.: 

Geo. W. Harrison, State Printer. 

(Franklin Printing Hdtise.) 

1892. 



\ 



—THE— 



Common School Laws 



OF THE 



STATE OF GEORGIA. U* *u*m* 



ATLANTA, GA.: 

Geo. W. Harrison, State Printer. 

(Franklin Printing House.) 

1892. 






yl 



Allii 4 uivjii 

6. Qf a 






Office State School Commissioner. 

Atlanta, Ga., February 25, 1892. 

The last edition of the school laws having been 
exhausted, and some material changes having 
been made in the Act of 1887 by recent legisla- 
tion, I deem it important to publish a new edi- 
tion. 

This edition embraces all the amendments 
and changes to the general law which apply to 
the Common School System. Amendments to 
the Act of 1887 are incorporated in the different 
sections to which the}' refer, and other changes 
and additions are given in full. Legislation in 
reference to local systems, since these systems 
are independent of the State system, is only al- 
luded to, and no mention is made of the higher 
institutions of learning for the same reason. 
This is intended to be a compilation of the Com- 
mon School Laws which apply to the Public 
School System of the State. 

It will be of great value to the school officers 
and teachers and ought to be carefully preserved. 

S. D. BRADWELL, 
State School Commissioner. 



SCHOOL LAWS. 



Section 1. Be it enacted by. the General As- state 
semblv of the State of Georgia, and it is hereby §^**°* 

"-i i i' r» -i mi -i/~i iiiCtucation. 

enacted by authority of the same, lhat the Gov- 
ernor, the Attorney-General. Secretary of State, 
the Comptroller-General and the State School 
Commissioner shall constitute the Georgia State 
Board of Education. Of this Board the Governor 
shall be ex officio president, and the State School 
Commissioner the chief executive officer. The _ , ... 

_--.,.. n< i i /-< • • i • Clerk oi the 

Clerk of the State School Commissioner, as herein- Board, 
after provided for, shall be the Clerk of the State 
Board of Education. He shall be the custodian of 
its records, papers and effects, and keep minutes 
of its proceedings, and said records, papers and 
minutes shall be kept in the office of the Com- 
missioner, and shall be open to inspection. 

Sec 2. That the said. Board shall meet, upon Meetings. 
the call of its President or a majority of its mem- 
bers, at the office of the State School Commis- 
sioner at the Capitol, or at such other place as 
may be designated in the call. A majority of~ 

, J - rt iin ■ c i 1 l Quorum. 

the Board shall constitute a quorum tor transact- 
ing business. 

Sec 3. That said Board may take and hold, to Donations 
it and its successors, in trust for the State. any^JJ 1 ^" 
grant or devi.se of lands, or any donation or be- poses, 
quest of money, or other personal property, made 
to it for educational purposes, and shall forthwith 
place in the hands of the Treasurer of the State for 
safe-keeping all moneys and personal property 
so received, and titles to land, taking therefor 
a receipt from said officer. When it is evidently 



('(minion School Laws. 



< 



Seal. 



State 
Board an 
advisory 

body. 



Appeals* 



the intention of the donor or devisor that the 
corpus of moneys thus received is not to be used, 
the Genera] Assembly may, from time to time, 
invest said moneys in the name of the State ; 
provided, that all moneys obtained under this sec- 
tion, together with the profits accruing from their 
investment, shall be subject to use only for edu- 
cational purposes. The Treasurer of the State 
shall pay to the order of the Board the income or 
principal thereof as said Board may, from time 
to time, require in pursuance of law, but no dis- 
position of any devise, donation or bequest shall 
be made inconsistent with the conditions or tenor 
of the devise, donation or bequest. For the faith- 
ful keeping of all property or moneys so received 
by the Treasurer, he shall be responsible, upon 
his bond to the State, as for other funds received 
by him in his official capacity. 

Sec. 4. That the State Board of Education 
shall procure a suitable seal, which shall be used 
for the authentication of the acts of the Board 
and the important acts of the State School Com- 
missioner. 

Sec. 5. That the State Board of Education 
shall constitute an advisory body, with whom 
the State School Commissioner shall have the 
right to consult when he is in doubt as to his 
official duty; and also a body in the nature of a 
court, to which appeals shall be from the decision 
of the State School Commissioner upon any ques- 
tion touching the construction or administration 
of the school laws, and the decision of the State 
Board, when rendered, shall be final and conclu- 
sive upon the matter in issue. Appeals to the 
State Board must be made through the County 
Commissioner in writing, and must distinctly 
set forth the question at law, as well as the facts, 
in the case upon which the appeal is taken, 
rpon any question involving the construction 
or administration of the school laws, the concur- 



Common School Laws. 7 

rence of a majority of the whole board shall be 
necessary in order to give validity to the de- 
cision. 

Sec. 6. That the State School Commissioner state 
shall be appointed by the Governor and con-|^^J igi 
firmed by the Senate. A suitable office shall be sioner. 
furnished him at the seat of government, at 
which the books and papers relating to the busi- 
ness of the office shall be kept. He shall be 
charged with the administration of the school 
laws, and a general superintendence of the busi- 
ness relating to the common schools of the State. 
He shall prescribe suitable forms for the reports 
required of subordinate school officers and blanks 
for their guidance in transacting their official 
business, and shall, from time to time, prepare 
and transmit to them such instructions as hefonrS? e 
may deem necessary for the faithful and efficient 
execution of the school laws, and by whatsoever instrue- 
is thus communicated to them shall they be tlons ' 
bound to govern themselves in the discharge of 
their official duty; provided, nevertheless, there 
shall always be an appeal from the State School 
Commissioner to the State Board of Education 
as hereinbefore enacted. 

Sec. 7. That it shall be the duty of the State visits 
School Commissioner to visit, as often as possi- Counties - 
ble, the several counties of the State for the pur- 
pose of examining into the administration of the 
school law in said counties, of counselling with 
school officers, of delivering popular addresses, of 
inspecting school operations, and of doing such 
other acts as he may deem subservient to the in- 
terests of popular education. j» 

Sec 8. That it shall be the duty of the State Apportion- ] tL/^ 
School Commissioner to disburse the common school / 
school fund in the following manner : He shall an- fund - 
nually apportion equitably the State school rev- 
enue to the different counties of the State upon the 
basis of the aggregate of children between six 



s 



Common School Lair 



Order on 

Tux- Col- 
lector. 



Notice of 
apportion- 
ment. 

Duty of 
Tax-Col- 
lector. 



i >rder re- 
ceived as 
cash. 



- 

Sunool 
( !omn 
sionertoiti' 

si iiiite 
suits. 



Report i i 
State 

( lommis- 

sioner. 

Contents. 



and eighteen years of age in each eounty. After 
the annual apportionment of the State school 
fund has been made, and when the County 
School Commissioner of any county shall give 
official notice to the State School Commissioner 
that the common schools of his eounty are within 
three weeks of closing, the latter named officer 
shall execute an order on tin 1 Tax-Collector of 
the county in favor of the County School Com- 
missioner for the quota of the common school 
fund apportioned to the county, signing the or- 
der officially and affixing thereto his seal of office, 
and transmit the same to the County School Com- 
missioner. 

Sec. 9. That the State School Commissioner 
shall send the notice of apportionment to the 
Tax-Collector of each county as soon as the ap- 
portionment is made, and it shall be the duty of 
the Tax-Collector to retain in his hands, of the 
taxes first collected, a sufficient amount to pay 
the sum mentioned as the county V quota in the 
notice of apportionment, and to pay the same to 
the County School Commissioner as soon as the 
order of the State School Commissioner is pre- 
sented. 

Sec 10. That the Treasurer of the State shall 
receive tli'' order of the State School CommC- 
sionerascash in settling with the Tax-Collecter. 

Sec. 11. The State School Commissioner shall 
■hal the proper actions* provided by law are 
brought against all officers and agents of the sys- 
tem, who are liable to the same, for misapplica- 
tion of the school fund or other cause. 

Sec. 12. That the Stale School Commissioner 
shall make n hicnni> f report to the General As- 
sembly, in which/he shall present a statement of 
1 he condition and amount of all h\\\^\< and prop- 
erty appropriated to the purpose ^( public educa- 
tion : a statement of the number of common and 
public scho/ls. of the various grades, in the Stat" ; 






Common School Laios. 9 

the number of scholars attending such schools ; 
their sex, color and the branches taught : a state- 
ment of the average cost per scholar of instruction 
under the common school system in each county; 
a statement of the plans for the management, ex- 
tension and improvement of the com raon schools ; 
a statement of the number of children of school 
age in the State, with as much accuracy as the 
same can be ascertained ; also, a statement of the 
number of private schools and of colleges of dif- 
ferent kinds in the State ; the number of pupils 
in such schools or colleges, their sex, the branches 
taught, the average cost per scholar of tuition in 
said schools and colleges; to organize and estab- 
lish in each county in Georgia a Teachers' County county "~V 
Institute for the assembling and instruction of stitutes J 
the common school teachers of each county in sessions, 
the State, said institute to hold an annual ses- 
sion of one week's duration in each county of 
Georgia in the period of June, July and August, 
or in such other month as the State School Com- 
missioner may deem best and expedient ; pro- 
vided, however, that the State School Commis- 
sioner may, in his discretion, combine the an- Sessions 
nual session of said institutes, or any number of Combined 
them, so that the same may be held in any 
county designated by him ; to prepare a pro- 
gramme of exercises, with a syllabus of each 
subject named in said programme, for each clay's Pro- 
session of said institute ; to require County School s ramme - 
Commissioners to operate, at their regular per operation 
diem, said institute sessions under such general of ' etc# 
rules and regulations as he may deem best; toAttend'nce 
require all persons, white and colored, teaching by teachers 
in Georgia, or having licenses entitling them to 
teach in the State, provided that those not teach- 
ing have not permanently retired from teaching, 
to attend all sessions of said institutes held in the 
county of their residence, and perform all duties 
required of them as members of said institutes, 



10 Com iimn School Lavs. 

unless providentially prevented ; to secure a 
prompt attendance of the teachers upon the ex- 
ercises of said institutes by causing the County 
School Commissioners and county Boards of Ed- 
Fines, ucation to collect such fines from absentees as 
may be deemed just and reasonable by said Com- 
missioners and Boards: provided, that no teacher 
shall be fined till he or she has stated the cause 
of his or her absence, in writing, to said Commis- 
sioners and Boards, and they have duly consid- 
ered the same; provided further, that all money 
thus collected shall be used in purchasing teach- 
ers' libraries for the counties in which said fines 
separate may be collected ; to provide separate institutes for 
forwhite the white and the colored ; to pay from the edu- 
and colored cational fund of each county an amount not to 
teac ers. excee( j twenty-rive dollars per annum for the 
Experts, purpose of securing the services of an expert in 
conducting the week's session of the institute of 
said county, which expert shall be chosen by the 
County School Commissioners and County Board 
of Education, which expert shall assist in con- 
ducting the exercises of each annual week's 
session of said institute in the county where he 
is thus employed; to cause all sessions of said 
Sessions at institutes to be held at county sites, or such other 
countysite, pi aces as may be selected by the County School 
Commissioner, and allow all persons so desiring 
to attend the sessions of said institutes : pr< 
visitors, that all visitors shall be subject to the rules and 
regulations of said institute.- while attending the 
Payof exercises of the same: to pay teachers, wh 

attendine Schools have to be closed oil aeeollllt of said 
where week's session of said institute, their regular sal- 

c?ose. ls aries; and to prescribe, from time to time, such 
other rules and regulations as he and the County 
School Commissioners may deem best for suc- 
cessfully operating said institutes ; provided furthi r 3 
that the County School Commissioners shall es- 
tablish Teachers' County Institutes for the public 



Common School Lairs. 11 

school teachers of each county, to hold monthly Monthly 
sessions, on one Saturday in each month, duriiig c ?^y S £ 
the term of public schools, said* Saturday to be statutes, etc 
determined by the County School Commissioner; 
said monthly sessions to be governed and con- 
ducted by the County School Commissioner, as 
hereinbefore prescribed for annual sessions of the 
Teachers' County Institutes; and in order that 
he may be able to carry the foregoing into exe- 
cution, he shall have the right to require of the 
County School Commissioners to make such re- Reports 
ports as he may prescribe upon the subjects herein ^Stte Ubor " 
mentioned, and in default of complying, as far school offi- 
as may be practical, with this requirement, cers ' 
such County School Commissioners shall not be 
entitled to compensation for their official serv- 
ices. He shall also have the right to make the 
foregoing requirements of the. President of the 
Board of Education, or chief executive officer, of 
any public school organization in this State, 
operating under any special law, and until the 
requirement is complied with said organization 
shall not receive the pro rata part of the State 
School Fund to which it would otherwise be en- 
titled. 

Sec. 13. That the State School Commissioner salary and 
shall be entitled to receive for his services the expenses, 
sum of two thousand dollars annually in quar- 
terly installments. All his necessary traveling 
expenses incurred in the performance of his offi- 
cial duties, and all postage and other expenses 
absolutely necessary arising in his office, shall be 
paid by the State. He shall also be entitled tocierkof 
employ one clerk to aid him in his official du-|^f 0l 
ties. His clerk shall receive an annual salary, Commis- 
not exceeding twelve hundred dollars, to be paid S10ner * 
quarterly. The salaries and other expenses 
named in this section shall be paid out of the 
State School Fund on Executive warrant. It 
shall also be the duty of said Commissioner to 



12 Common School Laws. 

keep an itemized account of all expenses con- 
nected with his department, which account shall 
be audited by the State Board of Education. 
Sec. 14. That before entering upon the dis- 
oath. charge of his official duties, the Commissioner 
shall take and subscribe to the same oath required 
of other officers of this State. 

Sec 15. That hereafter each and every county 
in the State shall compose one school district, 
ty a a b scSooi and shall be confided to the control and manage- 
district. me nt of a County Board of Education. 

Sec 16. That the grand jury of each county 
Grand jury (except those counties in which the election of 
eiectBoardthe County Board of Education is otherwise pro- 
ofEduca- ^^g^ by i aw ) j n ^jg estate shall, from time to 

time, select from the citizens of their respective 

counties five freeholders, who shall constitute the 

County Board of Education, three of whom shall 

be elected for two years and two for four years, 

but members of the Board chosen after the first 

election shall hold for the term of four years ; 

Persons provided, however, that no publisher of school 

Fnterested y books, nor any agent for such publisher, nor any 

in sale of person who shall be pecuniarily interested in the 

-?b]e Sir '" sale of school books, shall be eligible for election 

- a member of any Board of Education or as 

County School Commissioner in any county in 

this State. 

Sec. 17. That whenever members of a County 
cierk of Hoard are elected or appointed in pursuance of 
counter- the provisions of the above section, it shall be the 
tifiesto duty of the Clerk of the Superior Court to tor- 
ward to the State School Commissioner a certified 
statement of the facts, under the seal of the court, 
signed officially by him, as evidence upon which 
to issue commissions, and the corresponding 
evidence of the election of a County Commis- 
sioner shall be the certified statement of the Secre- 
tary pro tern, of the meeting of the Board at which 
the election was held. Any member or members 



election. 



Common School Laics. 13 

of a County Board of Education shall be remov- Rem val 
able by the Judges of the Superior Court of the from office 
county, on the address of two-thirds of the grand £f Board?* 8 
jury, for inefficiency, incapacity, general neglect of 
duty, or malfeasance or corruption in office ; that 
the Judge of the Superior Courts of this State 
shall have the power to fill vacancies by appoint- 
ment in the County Boards of Education for the Vacancies - 
counties composing their respective judicial 
circuits, until the next session of the grand 
juries in and for said counties, when said vacan- 
cies shall be filled by said grand juries. 

Sec. 18. That the Board of Education shall President 
elect one of their number President, who shall ofBoard - 
serve as such during the term for which he was 
chosen a member of the Board. The County 
School Commissioner shall be ex officio Secretary Secretary, 
of the Board. A majority of the Board shall 
constitute a quorum for the transaction of busi- 
ness. It shall be the duty of said Secretary to be 
present at the meetings of the Board, and to 
record in a book, to be provided for the purpose, M i nutes - 
all their official proceedings, which shall be a 
public record open to the inspection of any person 
interested therein, and all such proceedings, when 
so recorded, shall be signed by the President and 
countersigned by the Secretary. 

Sec. 19. That it shall be the duty of the sessions. 
County Board of Education to hold regular ses- 
sions on the first Tuesday of the month succeed- 
ing their election, and each three months there- 
after, at the court-house of the county for the 
transaction of business pertaining to the public 
schools, with power to adjourn from time to time, 
and in case of the absence of the President or 
Secretary, they may appoint one of their own Exemptioi] 
number to serve temporarily. The members of from jury 
the Board shall be exempt from road, jury and duty,etc ' 
militia duty, and shall receive no other compen- 
sation. 



14 



Common School Laws. 





Sub school 
districts. 



Location of 
schools. 



Additional 
schools. 



Bound- 
aries. 



Board 

employs 

teachers. 



Contracts 
in writing. 



School 
Trustees. 



To fill 
vacancies. 



Sec 20. That the County Board shall layoff 
their counties into sub-school districts, in each 
of which sub-school districts they shall establish 
one common school each for white and colored 
races where the population of the two races is suf- 
ficient, which schools shall be as near the center of 
the sub-school districts as can conveniently be ar- 
ranged, reference being had to any school-house 
already erected, and population of said sub-school 
districts, and to the location of white and colored 
schools with regard to contiguity; provided, how- 
ever, that in such sub-school districts where more 
than one school is demanded, then they may 
establish one or more additional schools in such 
sub-school district ; and provided also, that when- 
ever it becomes proper to lay off new sub-school 
districts, or alter the boundaries of those already 
laid off, the said Board shall have full power to 
make such changes as the public necessities may 
require. The said County Boards are also em- 
powered to employ teachers in the manner here- 
inafter pointed out, to serve in the schools under 
their jurisdiction, and the contracts for said 
service shall be in writing, signed in duplicate by 
the teacher on his own behalf and by the County 
School Commissioner on behalf of the Board. 
That the County Boards of Education, when- 
ever, in their opinion, the good of the schools in 
their respective counties demand it, may, at 
their discretion, at their first meeting after the 
passage of this law, appoint three intelligent, 
upright citizens of each sub-district of their re- 
spective counties to act as School Trustees for 
their sub-districts, naming one of the app6intees 
to serve for one year, and one for two, and one 
for three years ; and as vacancies occur by the 
expiration of the terms of incumbents, the 
Boards shall fill those vacancies with appointees 
whose term of service shall be three years; and 
should vacancies occur by death, resignation or 



Common School Laws. 15 

otherwise, the Boards of Education shall fill 
these vacancies for the unexpired term : and 
whenever School Trustees are chosen as herein 
provided, the fact shall be recorded in the min- 
utes of the County Boards, and the appointees 
shall receive certificates of their appointment 
from the County School Commissioner, and these 
certificates shall be their sufficient warrant for 
entering upon and performing the duties ot their 
office. That it shall be the duty of the School Duties of 
Trustees herein provided for to supervise thej^ 110 ^ 
school operations of their sub-districts ; to visit 
the schools, and to make such recommenda- 
tions to the County Boards, in relation to the 
school interests of their sub-districts, as may 
seem to them best, and especially in the mat- 
ter of choosing teachers for their sub-districts. 
It shall be their right to recommend appli- 
cants, and it shall be the duty of the County 
Boards to choose as teachers the persons so recom- 
mended; provided, they shall be persons duly . 
qualified and eligible according to the provisions 
of existing law ; and furthermore, it shall be the 
duty of the School Trustees, in recommending 
persons as teachers, to recommend those persons 
who, in their opinion, are the choice of the com- 
munities to be served ; and it shall furthermore 
be the duty of the School Trustees to make a 
written report, once a year, to the County Boards 
in relation to the matters committed to their 
supervision, or oftener if required by the County 
Boards of Education. 

Sec. 21. That the County Boards of Education School 
shall have power to purchase, lease or rent school Property, 
sites; to build, repair or rent school-houses; to 
purchase maps, globes and school furniture, and 
to make all other arrangements of this kind nec- 
essary to the efficient operation of the school un- 
der their care ; and the said Boards shall also be, 
and are herebv invested with the title, care and 



16 Common School Laws. 

custody of all school-houses, sites, school libra- 
ries, apparatus, or other property belonging to 
the sub-districts, as now defined, or as may here- 
after be defined, in their several counties, with 
all power to control the same, in such manner as 
they think will best subserve the interests of com- 
mon schools; and when, in the opinion of the 
Board any school-house site has become unnea 
sary or inconvenient, they may sell and com 
sale. the same in the name of the* County Board of 

Education, such conveyance to be executed by 
the President or Secretary of said Board accord- 
ing to the order of the Board. They shall have 
Donations. P ow . er to receive any gift, grant, donation or 
devise made for the use of common schools 
within their respective counties: and all convey- 
ances of real estate which may be made to said 
Board shall vest the property in said Board of 
Education and their successors in office. It shall 
also be the duty of said Board of Education to 
make arrangements for the instruction of the 
children of the white and colored races in separate 
Sight schools - The y shall, as far as practicable, provide 
separately, the same facilities for both races in respect to at- 
tainments and abilities of teachers and length of 
term-time ; but the children of the white and 
colored races shall not be taught together in any 
common or public school of "this State; and in 
respect to the building of the school-houses men- 
schoor goftmnedin this section, the said Board of Educa- 
houses. tion may provide for the same, either by labor on 
the part of the citizens of sub-districts to be 
served, or by a tax on their property, as may be 
hereafter provided. 

Sec. 22. That the County Board of Education 

county shall eonstitute a tribunal for hearing and deter- 

Boarda mining any matters of local controversy in refer- 

tritSi. ence t0 tne construction or administration of the 

school law, with power to summon witnesses and 

take testimony if necessary : and when they have 



( 'o/ii mon Srh oot La wz, [ : 

made a decision-, said decision shall be binding 
upon the parties to the controversy • provided^ Appeal td 
that either of the -parties shall have the right togjljjfj 
appeal to the State School Commissioner, andcommis- 
said appeal shall be made through the County sioaer ~ 
Commissioner in writing, and shall distinctly set 
forth the question in dispute, the decision of the 
County Board and the testimony, as agreed upon 
by the parties to the controversy, or if they fail 
to agreee 5> upon the testimony as reported by the 
Commissioner. 

Sec. 23. That the County Board of Educa- 
tion shall prescribe, from time to time, what text-^oks 
books and books of reference shall be used in the 
common schools of the county : provided, that 
the Bible shall not be excluded from the common - 
or public schools of the State; and provided cannot be 
further, that when such text-books are prescribed, excluded - 
they shall not be changed for five years there- 
after, except by a three-fourth vote of all the 
Board ; and provided further, that the County 
Boards shall not be permitted to introduce into 
the schools any text or miscellaneous book of a 
sectarian or sectional character. No teacher shall 
receive pay for any pupil who is allowed to use 
any other than the prescribed text-books. 

Sec. 24. That the County Boards of Education 
shall, from the citizens of their counties, select a sXf 
County Commissioner of Education, who shall oommis- 
be ex officio county superintendent of the common sloner " 
schools, and who shall hold his office for the 
tefm of four years. Before election the applicants Examine^ 
for position of County School Commissioner*' 
shall be examined by the President of the 
County Board of Education, or by some one 
appoint<*&^by him or the Board for that pur- 
pose, upon written or printed questions, which 
shall be furnished t.o the Board by the State 
School Commissioner — said examination to be 
upon the subjects taught in the common schools, 



tion 



18 



Common School Laws, 



Election. 



Bond 



Oath. 



upon the science and theory of common school- 
teaching and government and upon such other 
subjects as the State School Commissioner may 
deem proper. The said County Board of Edu- 
cation shall then elect such applicant County 
School Commissioner, who has stood satisfac- 
tory examination, taking into consideration 
the moral character, business qualifications and 
general availability of each applicant. The 
County School Commissioner so elected shall be 
required to give bond with good security, paya- 
ble to the County Board of Education, condi- 
tioned upon the faithful performance of his duty 
under the law, the amount and sufficiency of the 
security to be judged by the County Board of 
Education. 

Sec. 25. Before entering upon the discharge of 
his official duties, the said Commissioner shall 
take and subscribe to the same oath required of 
the other officers of this State. 

Sec 26. The County School Commissioner 
may be removed from office before the expiration 
?rom°o V fflce of his term by a majority vote of the Board of 
Education for inefficiency, incapacity, neglect of 
duty or malfeasance or corruption in office ; pro- 
vided, that any Commissioner so removed shall 
have the right of appeal from the action of the 
County Board to the State School Commissioner, 
and from the State School Commissioner to the 
State Board of Education. 

Sec 27: Should there be a vacancy in the 
office of County School Commissioner, by resig- 
nation or otherwise, an examination and election 
for the remainder of the vacant term shall be 
held in the samp manner and by the same 
authorities as for that of a full term. 

Sec 28. That the County Commissioners shall 
examine all applicants for licenses to teach in 
applicants their respective counties, giving previous public 
fouach 18 * notice of the day upon which the examinations 



Appeal. 



Vacancy. 



Examina 
tion of 



Common School Laics. 19 

are to take place, and said Commissioners shall 
be allowed to invite such persons as they may 
think proper to assist in these examinations. 
Applicants to teach in the common schools shall 
be examined upon orthography, reading, writing, 
English grammar, geography, arithmetic, and 
the science and practice of teaching in common 
schools. Said examinations shall be held through- 
out the State on a day or days to be fixed by the 
State School Commissioner, and by questions 
prepared and sent out by him to the County ss c 
School Commissioners. The State School Com- prepares 
missioned- shall also prepare and supply the questlons * 
County School Commissioner with printed in- 
structions as to the grading applicants on and by 
a uniform grade, and shall fix the lowest stand- 
ard f^r each class of licenses ; no applicant for 
teachers' license shall be examined on any 
other day than the one designated as above pre- 
scribed, except in cases where the County Board 
of Education shall order a special examination ; 
no special examination shall be ordered by special ex- 
said board except for g:ood and sufficient rea-^^ on 

r & of appli- 

sons and to meet same special emergency. In cants for 
such cases the questions shall be prepared by teachers. "* 
the County School Commissioner, or by some 
competent person under his authority, and their Questions, 
contents shall not be made known to the appli- 
cant or applicants until the examination actu- 
ally commences ; said examination shall be con- Rules for 
ducted under the same rules and regulations special ex- 

. , t n , p ,, ° . animations 

as are provided by law for other examina- 
tions, but the license granted shall be valid only Licenses, 
until the next examination ordered by the State 
School Commissioner, and it shall not be lawful 
for the County School Commissioner of an} T County 
county other than that in which said special ex-J^tm- 
amination is held to indorse a license granted ploy teach- 
thereunder. The County Board of Education Sifaiy* 




20 



( 'amnion School Lcih - 



( louDty 

Srli, ol 
( 'onuni*- 
sioner 
grades 

papers and 

makes 

reports. 



Board 
licenses. 



Grades of 

license. 



1' 'rraanenl 

State 

license. 



shall have power, il they deem best, to employ 
teachers ;)i a salary. 

^ Sec. 29. It shall be the duty of the County 
School Commissioners, after thorough examina- 
tion of the papers submitted by applicants for 
licenses as teachers, upon the examination con- 
ducted as prescribed in tin- preceding section, to 
grade the applicant according to the instructions 
furnished them by the State School Commis- 
sioner, submitting his report and recommenda- 
tions thereon in writing to the County Board of 
Education, who shall grant to the applicants 
licenses of the first, second or third grade, to he 
determined by the qualifications exhibited and 
the standard attained: provided, they shall ob- 
tain at least the lowest grade-mark fixed by the 
Stale School Commissioner for each grade": and 
provided further, that each applicant submits with 
his or her examination paper satisfactory evi- 
dence in writing of good moral character. A 
license of the first grade shall continue in force 
for three years, a license of the second grade for 
two years, and a license of the third grade for 
one year, which said licenses shall entitle teachers 
holding them to he employed for and during the 
period of their licenses in any of the common 
>ols of the county where issued. Licenses, 
to lie good in another county than the one in 
and for which they are issued, must he indorsed 
by the County School Commissioner of the 
county in which the applicant desires to teach. 
Sec. 30. After passing upon the examination 
papers as hereinbefore provided, if, in the opin- 
ion of the County School Commissioner, any 
oi' more of them exhibit unusual merit, he 
shall forward such papers to the State School 
< oinmissioncr. together with his certificate of the 
good moral and professional character of the 
applicant, and if, in the opinion of the State 
School ( 'onimissioiier. said papers exhibit a sutli- 



Common ScJiooi Lou*. 21 

cient degree of merit, he shall issue a permanent 
teacher's license to the applicant, which license 
shall be good in any county of this State, and 
which shall only be revocable by the State 
School Commissioner for good and sufficient 
cause. 

Sec 31. That the County Commissioner shall 
have power, and it shall be his duty, to revoke of license? 11 
licenses granted by him. or his predecessors, for 
incompetency, immorality, cruelty to pupils, or 
neglect of his duties, and the revocation of the 
license of any teacher shall terminate the con- 
nection of said teacher with any school which 
he may have been employed to teach ; but any 
teacher so dismissed chall have the right to ap- Appeal 
peal to the County Board of Education, whose 
decision shall be final. 

Sec 32. That the County Commissioner shall Duties of 
constitute the medium of communication between c°mmjs 001 
the State School Commissioner and the subor- sioner. 
dinate school officers: that he shall visit each visits 
school in his county at least once during the schoo[s - 
school term, or twice if practicable, and oftener 
if ordered by the Board, and without notice to 
the teachers, for the purpose of inspecting its 
management and the modes of instruction, and 
of giving such advice and making such suc- 
tions as shall tend to elevate it in character and 
efficiency. He shall be the agent of the County 
Board in procuring such school furniture, appa- 
ratus and educational requisites as they may 
order to be purchased, and shall see that none 
but the prescribed text-books are used by the 
pupils: that it shall be his duty to audit all Audits 
accounts of teachers and others before an appli- acc 
cation is made to the County Board for an order 
for payment, and that the said County Commis- 
sioner shall procure a book, in which he shall Keeps 
keep a record of his official acts, which, together records, 
with all the books, papers and property apper- 



22 



Common School Laws. 




tion of 
County 
School 
Commis- 
sioner. 



CI 



taining to his office, he shall turn over, on his 
resignation, or at the expiration of his official 
term, to his successor. 

Sec 33. That the said County Commissioner 

Compensa- shall receive such compensation as the County 
Board may allow him. not to exceed three dol- 
lars per day, to be determined by the County 
Board of Education, for each day actually em- 
ployed in the discharge of his official duties, the 
same to be paid out of the educational fund 
furnished to the county. His claim for services 
shall be presented in the form of an account 
against the County Board of Education, and 
shall be verified by affidavit, to the effect that 
the said account is just and true ; that the service 
therein named was honestly and faithfully ren- 
dered, and that the sum therein claimed is right- 
full} 7 due and remains unpaid. When said 
account shall have been duly audited and ap- 
proved by the County Board, the said Commis- 
sioner shall retain his pay out of the revenue 
aforesaid ; provided, that the County Board of 
Education shall determine the number of days 
in each year in which said County Commissioner 
may labor in the performance of the duties 
required of him. 

Sec. 34. That it shall be the duty of the 

Reports of teachers to make and file with the County Com- 
missioners, at the expiration of each term of 
school, a full and complete report of the whole 
number of scholars admitted to the school during 
said term, distinguishing between males and 
females and colored and white, together with the 
names thereof and the entire and the average 
attendance, the branches taught, the number of 
pupils engaged in the study of each of the said 
branches, and such other statistics as he or she 
may be required to report by the County Com- 
missioner, or by the State School Commissioner, 
and until such report shall have been prepared, 



teachers. 



Common School Laws. 23 

sworn to and filed by said teacher as aforesaid, it 
shall not be lawful for said County Commissioner 
to audit the account of said teacher for his or 
her services. 

Sec. 35. That each and every lot or parcel of Exemption 
land which has been or may be hereafter ob-?^chooi 
tained by purchase, or in any other way, by any from 
County Board of Education for the use of com- taxation - 
mon schools, together with any school building 
that may have been or shall be erected thereon, 
and all school furniture, shall be exempt from all 
taxes, State and county, and from levy and sale 
under any execution or other writ or order in the 
nature of an execution ; provided, that the lot of 
land so exempted shall not exceed four acres, and 
if there be any excess over that number of acres, 
then that portion, not to exceed four acres, most 
convenient for school purposes shallbe exempt as 
aforesaid, the exempted portion to be set off by 
order of the County Board. 

Sec. 36. That admission to all common Admission 
schools of this State shall be gratuitous to all the gratuitous 
children between the ages of six and eighteen C hSdem of 
years residing in the sub-districts in which the SGho( >i age. 
schools are located ; provided, that colored and separate 
white children shall not attend the same school ; whSeand 1 " 
and no teacher receiving or teaching white and colored, 
colored pupils in the same school shall be allowed 
any compensation at all out of the Common 
School Fund. In special cases, to meet the obvi-rupiis 
ous demands of convenience, children residing in SSSS&ict 
one sub-district may, by express permission of the °r county 
County Board, attend the common schools of an- u 
other sub-district ; and when a common school is 
located near a county line, children from the ad- 
joining county, in cases where convenience re- 
quires, may, by concurrent consent of the County 
Boards of the respective counties, be permitted 
to attend the school, and in such cases, the teacher 
shall make out two accounts for his services, one 



^ 



•_'l 



Common School Lavs. 



Manual la- 
bor schools 



/ Evening 

I schools. 






against each County Board, in amount propor- 
tioned to the number of children in the school 
from the respective counties. 
Sec 37. That the County Board of Education 

shall have power to organize in each county one 
or more manual labor schools on such a plan as 
shall be self-sustaining; provided, that the plan 
be first submitted to and approved by the State 
Board of Education. 

Sec. 38. That the Board of Education of any 
county shall have the power to establish, at such 
places as they may deem proper, within the limits 
of their jurisdiction, a suitable number of even- 
ing schools for the instruction of such youth over 
twelve years of age as are prevented by their daily 
avocations from attending day schools, subject to 
such regulations, not inconsistent with the pro- 
visions of this Act and the instructions issued 
under it by the State School Commissioner, as 
said Board, from time to time, may adopt for the 
government thereof. 

Sec. 39. That the academic and calendar or 
civil years shall be coincident, and that it shall 
and school b e the dutv of the State School Commissioner, 
coincident, by the 15th day of January of each year, or as 
soon thereafter as practicable, to communicate to 
the County Board of Education of each county an 
approximate estimate, computed upon the same 
basis as that mentioned in section 8 of this 
Act, of the pro rata part of the State School Fund 
falling to said county for that year, andassoon 
thereafter as the County Board shall communicate 
satisfactory evidence to the State School Commis- 
sioner that arrangements have been made by them 
Board must by taxation or otherwise, for continuing the com- 
s.'hu/ls" m on schools, free to all. in operation for at least 
throughout three months in the year, throughout the entire 
rorthree V county, as hereinafter provided, said county shall 
mouths. be deemed and held entitled to draw her propor- 
tionate part of the State Fund through the ap- 



Calendar 



State 
School 
Commis- 
sioner's e 
timateof 
probable 
school 
fund. 



Common School Laws. 25 

pointed channels whenever said fund is ready for 
distribution. 

Sec. 40. That whenever a County Board of Forfeiture 
Education, or Board of Education of any city, of school 
shall hereafter fail in any year to make arrange- relieved °' 
mentstoput schools in operation, said county, or a £ ainst - 
city, as the case may be, shall forfeit all right to 
participation in the school fund of that year, un- 
less the failure to arrange for schools was from 
providential cause, or other good and sufficient 
reason, the sufficiency of the reason to be judged 
of by the State Board of Education. 

Sec 41. That any county or city, which has Forfeiture 
failed to put schools in operation in any past year, jjjy^ 8 * 
and has never received its pro rata part of the State 
School Fund for that year, shall still be entitled to 
receive through the properly constituted authori- 
ties of the county or city that pro rata ; provided, 
that the County School Commissioner of such 
county shall receive no compensation from the 
school fund of said county for such year, except 
for services rendered in taking the enumeration 
of the school population. 

Sec. 42. That the apportionment of the State Date of 
School Fund required by the eighth section of this ment rtI ° u 
Act shall be made by the State School Commis- 
sioner each year by the first of July, or as soon 
thereafter as practicable, and when the funds 
drawn under that apportionment, as well as any 
other school funds raised by local taxation, are 
placed in the hands of any County Commissioner, 
he shall be holden for all amounts so received up- 
on his official bond as Treasurer, and shall dis- Liability of 
burse the same only upon the order of the County g°JJ£jf * 
Board of Education, and the said County Com- qommis- 
missioner shall not be entitled to compensation Jj°^ for 
for receiving any school funds but as provided funds, 
herein. 

Sec 43. That for the support and mainte- 
nance of the common schools of this State the 



2b' ('<>i,i mm, School LaWS. 

cesof polltax, special tax on shows and exhibitions, all 
School taxes on the sale of spirituous and malt liquors, 
fund. dividends upon the stock of the State in the Bank 

of the State of Georgia, Bank of Augusta, Georgia 
Railroad and Banking Company, and such other 
means or moneys as now belong by law to the 
Common School Fund, one-half of the proceeds of 
the rental of the Western and Atlantic Railroad, 
or one-half the annual net earnings of said rail- 
road as ascertained by subtracting the annual 
cost of running and keeping up the road from the 
annual gross receipts under any change of policy 
which the State may adopt hereafter in reference 
to said railroad ; all endowments, devises, gifts 
and bequests made, or hearafter to be made, to 
the State or State Board of Education ; the pro- 
ceeds of any commutation tax for military ser- 
vice ; all taxes which may be assessed on such 
domestic animals as from their nature and habits 
are destructive to other property ; all money re- 
ceived by the Agricultural Department of this 
State for the inspections of oils and fertilizers in 
excess of what may be necessary to defray the ex- 
penses of said Agricultural Department ; the net 
amount arising from the hire of convicts of this 
State, after all expenses that are now or may here- 
after be made a charge upon said fund shall have 
been deducted from the gross amount thereof; 
f any educational fund now belonging to the State 
(except the endowment of and debt due to the 
University of Georgia), and such other sums of 
money as the Legislature shall raise by taxation 
or otherwise from time to time for educational 
purposes, are hereby declared to be a common 
fiool fund; and when said common school fund 
shall be received and receipted /or, from whatever 
source received, it shall be the duty of the officer 
authorized by law to receive such fund to keep 



1? ( 



* Money arising from the lease of oyster lands was made a part of 
On- School Fund m 1889. 



Common School Lows. 27 

the same separate and distinct from other funds, 
and said fund shall be used for educational pur- 
poses and none other, and shall not he invested in 
bonds of this State, or in other stock, except when 
investment is necessary to carry out the con- 
ditions of an endowment, devise, gift or bequest, 
and when taxes are paid into the treasury of the 
State the Comptroller-General shall in no 
case receipt a Tax-Collector for the same until 
that part of the tax so paid in, which was raised 
for school purposes, is separated in amount from 
the gross amounts paid in. 

Sec. 44. That all poll tax collected in this Po u tax. 
State, shall from and after the passage of this Act, 
be paid over to the County School Commissioners 
of the several counties of this State, and be by 
the County Boards of Education in the several Retained 
counties of this State paid out, without any de- counties, 
duction for fees or salaries of officers, to the sup- 
port of the common schools in the respective 
counties where said poll tax was raised. 

Sec. 45. That County School Commissioners school 
and members of the County Boards of Educa-^f^to 
tion shall be empowered 'and authorized to administer 

-i i,i i • oatns. 

administer such oaths as may be necessary m 
transacting school business, or in conducting 
investigations before the County Boards when 
sitting as judicial tribunals for determining con- 
troversies arising under school laws. 

Sec 46. That it shall be the duty of the Report and 
County School Commissioner of each of thejg^^ 
counties of this State to make a report of the School 
school operations of the preceding year to the ^^p 113 * 
grand jury, at the spring term of the court, and glutted 
to place his books before them for examination ; jury. 
and in making up the general presentments, it 
shall be the duty of the jury to take proper 
notice of the matters thus brought to their 
attention. 

Sec 47. That it shall be duty of the County 



28 



Com mi ni School Laws. 



Enumera- 
tion of 
school 
population 



Estimate 
from U. S. 
census. 

Enumera- 
tors of the 
school 
census. 



Their 
duties. 



Compensa' 
tion. 



oath. 



and City Boards of Education of this State to 
cause an enumeration of the children between 
six and eighteen years of age to be made under 
instructions from the State School Commissioner, 
in the year 1888, and every ten years thereafter, 
as hereinafter prescribed. In the year 1893 and 
every ten years thereafter it shall be the duty of 
the State Board of Education, in the early part of 
the year, to have an estimate made from the last 
census taken by the authority of the United 
States, of the number of children of school age 
in each county of the State, and in each town or 
city under a local school law. and if, from the 
evidence thus obtained, or from other evidence 
of any kind, the said Board shall become satis- 
fied that a new enumeration of the school popu- 
lation ought to be taken for any county or coun- 
ties, or for any town or city, or the entire State, 
it shall be their duty to order the said enumera- 
tion to be taken accordingly. 

Sec. 48. The different County or City Board- 
shall employ one or more competent, reliable 
persons to take the enumeration above mentioned 
in their respective jurisdictions, and the person 
so employed shall go from house to house, mak- 
ing a thorough canvass of the territory assigned 
them, taking the number of children between 
the ages of six and eighteen years, and distin- 
guishing between the sexes and races. The per- 
sons thus employed shall be known as enumera- 
tors of the school census, and shall take and 
report any additional statistics required by the 
State School Commissioner. They shall receive 
as compensation a per diem not to exceed two 
dollars in the counties, or two dollars in the 
cities, or in city and county where the same aiv 
under local laws, to be paid out of the school 
fund of the jurisdiction in which the work is 
done. They shall, moreover, be required to 
make oath that the work done by them has been 



Common School Laws. 29 

carefully and faithfully done according to the 
true intent and meaning of this Act, the form 
of oath to be prescribed by the State School Com- 
missioner ; provided, that nothing herein con- 
tained shall be construed to prevent the County 
Boards from employing the County School Com- 
missioners to do the work contemplated in this 
section. 

Sec. 49. The State Board of Education is state 
hereby empowered to order at once a new enum- Board can 
eration when they are in doubt as to the accuracy enumera- w 
of the return made from any county or city; but tion - 
the enumerators first making their returns shall 
receive no compensation in case it is found their 
enumeration was not correct. In case their 
enumeration is verified by the second enumera- 
tion, then both shall be paid, but the amount 
paid them shall be deducted from the school 
fund appropriated to this special territory. 

Sec. 50. The respective County or City 
Boards are hereby empowered to fix, within the tioifof emi- 
limits prescribed above, the per diem compensa- merators - 
tion of the enumerators of the school census 
employed by them. 

Sec 51. That whenever the Board of Educa- 
tion of any county within the State shall have schools. 6 ™ 1 
entered into a contract with a teacher to teach a 
common school in •dny sub-district within its 
jurisdiction in accordance with this Act, it shall 
be lawful for said teacher to enter into a supple- 
mental contract with the patrons of said school to 
teach a private elementary school in connection 
with said common school, and to embrace the 
period allowed by law for the said public term ; JJbnsh 5 " 
'provided, that the contracting with teachers under mentieft 
the provisions of this Act shall be left to the cretion of 
discretion of the several County Boards of Boards - 
Education. 

Sec 52. That upon said private supple- 
mental contract being examined and approved 




30 Com mo n School Loirs. 

contract ^y ^ ie Board °f Education of the county in 

with pa- which said school is located, it shall be the duty 

approved* 6 °f sa ^ teacher to enter, as pupils in said private 

by Board, school, all scholars of common school age (regard 

being had to separate schools, as now required by 

law) who may enter said school at any time 

within the term or scholastic year of said private 

Pupils may school. It shall be the duty of said teacher to 

attend dur- keep an accurate account of the number of such 

vale partof pupils and the number of days actually attended 

the term, ^y e ach pupil, and when said private school 

shall have closed, said teacher may make out an 

account against the County. Board of Education 

for the full number of days each of said pupils 

may have attended said schools, not to exceed 

the whole number of days now or hereafter to 

be prescribed by law; provided^ that nothing in 

this Act shall be so construed as to prevent any 

common school scholar from entering said 

school as pupil, if the parent or guardian of said 

pupil shall elect to enter him or her for the 

period of the public term and upon the merits 

of the common school fund only. 

That no teacher shall be contracted with unde 

Teachers the provisions of this Act until he or she has 

ucense° ld been duly licensed as a common school teacher; 

that every teacher contracted with under the 

provisions of this Acl shall be required to make 

I 1 ™* make the same reports and returns to the County 

reports. K . . ■ 

bchool Commissioners as arc now required ol 
teachers of common schools in this State, and 
until said private schools shall have been taught 
according to contract, and said reports and 
returns are so made, it shall not be lawful for the 
Board of Education to pay him or her for such 
services as such teacher. 

Sec. 53. That nothing in this Act shall be so 

Local construed as to prevent any city with a popula- 

schooi tion greater than two thousand inhabitants, or 

any county or town under authority of the 



Common School Lair*. 31 

General Assembly of this State, from organizing 
a public school system independent of this 
system, or to prevent the said independent 
organization from drawing its pro rata share of all 
educational funds raised by the State ; provided, 
the chief executive officer of such independent 
organization shall make the same regular reports 
to the State School Commissioner as are required 
from the County Commissioners by this Act; 
provided further, that nothing contained in this 
Act shall be construed to annul or repeal any 
local law now of force in any city or county in 
this State providing for the organization and 
maintenance of the common or public schools in 
such city or county. 



For information the following general laws re- 
lating to the common schools are appended : 

LOCAL TAXATION BY COUNTIES FOR 
COMMON SCHOOLS. 

An Act to provide for Local Taxation by coun- 
ties for the support of Common Schools, and for 
other purposes. 

Section 1. Be it enacted by the General As- 
sembly of the State of Georgia, That from and maybe' 
after the passage of this Act a local tax to sup- leyied ' 
plement the State tax in support of the common 
schools, may be levied and collected in any county 
in this State in which a county school system is 
already in existence in the following manner 
to- wit : 

Whenever two successive grand juries of the 
county shall recommend in their general present- ^SSation 
ments that a local tax in said county shall be by grand 
levied to supplement the State tax in support of jures ' 



Local tax 



32 



Common School Laws. 



Election to 
determine. 



Rules for 
election. 



Ballots. 



Consolida- 
tion of 
votes. 



Declara- 
tion of 
result. 



Effect of 
election. 



Amount of 
•ix. etc. 



its collee- 
taon, etc. 



the common schools of the county, the Ordinary 
of said county shall order an election to be held, 
after giving public notice thereof, once a week 
for four weeks, in the paper in which the sheriff's 
advertisements are published, and by posting 
the notice at the court-house door for at least 
four weeks previous to the time fixed for said 
election. Said election shall be held under the 
same rules and regulations as those governing 
the election of county officers, and all qualified 
voters of the county, and none others, shall be al- 
lowed to vote at the same. In said election the bal- 
lots shall have printed or written upon them the 
words, •' For Local Taxation for Public Schools," 
or " Against Local Taxation for Public Schools." 
The managers of the election shall consolidate 
the votes as now provided in elections for county 
officers, and shall then file the returns with the 
Ordinary, who shall declare the result. If two- 
thirds of the persons qualified to vote at said 
election have voted for local taxation for public 
schools, the Ordinary shall certify the same in 
writing to the County Board of Education. The 
County Board of Education shall then, at a reg- 
ular meeting, or at a special meeting, of which 
due notice has been given to each member, pro- 
ceed by order or resolution to levy a tax not ex- 
ceeding one-fourth of one per cent. "'/ vcdorenij 
upon all the taxable property of the county as 
shall appear by the county digest. The County 
School Commissioners shall make out a certified 
copy of the order or resolution, fixing the rate 
of said tax, and shall deliver the same t<> the 
Tax-Collector of the county on or before the first 
day of September in each year, and the Tax-Col- 
lector shall collect said school tax according to 
the vote so levied in the same manner as other 
county taxes are collected, and he shall promptly 
pay over the funds so arising t<> the County School 
Commissioner, who shall receive and hold the 



Common School Laws. 33 

same subject to be applied by the County Board Useof 
of Education for the support of the common funds, 
schools of the county in addition and supple- 
mentary to the funds received from the State, 
and said tax may be levied and collected from 
year to year, as above provided, without holding 
any other election for that purpose ; provided, that General 
any county in which a county school system is J^Sher 101 * 
already in existence, but where the funds as now election. 
provided by law, are insufficient in the opinion where? 
of the County Board of Education, for the sup- fund s . 
port of the schools, may obtain the benefits of may have 
this Act by complying with all the provisions of {£? A*ct ° f 
the same. . „ 

Sec. 2. Be it likewise enacted, That if there shall Towns with 
be in the county an incorporated town, or towri "schooissus- 
having a local school system of its^own, sustained local taxa- 
by local taxation, in addition to its quota of^jg^ 
funds received Irom the State, the residents of 
said incorporated town or towns shall not vote 
in the election held as aforesaid, nor shall the 
taxable property embraced within the corporate 
limits of said town or towns be subject to the 
county school tax levied as aforesaid. 

Sec. 3. Be it likewise enacted, That in deter- Method of 
mining whether two-thirds of the qualified voters de termin- 
have voted for local taxation for common schools whether 
at the election held as aforesaid, the registration SjoSty 
lists last completed before the election shall be obtained, 
considered the correct enumeration of the quali- 
fied voters in those counties having registration 
laws, and the number of names of citizens ap- 
pearing upon the books of the Tax-Collector as 
having paid their poll or property tax, if any, for 
the preceding year, shall be considered the cor- 
rect enumeration of the qualified voters in those 
counties not having registration laws. 

Sec. 4. Be it likewise enacted, That all laws 
and parts of laws in conflict with this Act are 
hereby repealed. 

Approved September 16, 1891. 



Common School Laws. 



School to 
be estab- 
lished. 



Location, 

etc. 



Commis- 
sioner. 



Terms of 
office. 



ESTABLISHING STATE NORMAL 

schools. 

An Act to establish, organize and maintain a 
State Normal School as a branch to the Uni- 
versity, to appropriate money for the same. 
and for other purposes. 

Section 1. Be it enacted by the General As 
semblv, and it is hereby enacted by the author 
ity of the same. That there shall be established 
in connection with the State University, and 
forming one of the departments thereof, a State 
Xormal School for the education and training of 
teachers for the common schools of this State. 
Said school shall be located, equipped and con- 
ducted, as is hereinafter provided. 

Sec. *2. Be it further enacted by the authority 
aforesaid. That said school shall be located at 
Rock College, Athens. Georgia, and for the pur- 
poses of said school, said Rock College and the 
land contiguous thereto, not less than six or 
more than ten acres, tendered by the Board of 
Trustees of the University to the State for said 
purposes, are hereby accepted by the State, as 
tendered in the resolution of said Board of Trus- 
tees reported to this General Assembly by the 
Governor. 

Sec. 3. Be it further enacted by the authority 
aforesaid, That the immediate charge of said 
school shall be in a Commission to be eomposed 
of the State School Commissioner and the Chan- 
cellor of the Universty for the time being, and 
three citizens of Georgia experienced in teaching, 
to be appointed by the Governor, one for a term 
of two years, one for four years and one for six 
years from the dates of their appointments, which 
Commission shall be the local board of said 
school. 

Sec. 4. Be it further enacted by the authority 



Common School Law*. 35 

aforesaid, That said school shall be a part of the To be 
University of this State and under the control of state # 
and management of its Board of Trustees, which Umversit y- 
board shall have authority, from time to time, Govern- 
to prescribe, in connection with said Commis-Sc" °* 
sion, such special features, and open such depart- 
ments of training and instruction therein, as they 
shall think the progress and advancement of the 
times require. They shall also have authority 
to ordain and establish such rules and by-laws 
for the regulation of the school and the training 
and governing of the students, not inconsistent 
with this Act, as in their opinion may be proper 
to secure the success of said school. 

Sec. 5. Be it further enacted by the authority officers of 
aforesaid, That the officers of said school shall scnools - 
be a president and such other professors, teachers 
and instructors M may be necessary, in the opin- 
ion of the Board of Trustees, to carry on the 
school in accordance with the intention of this 
Act. The Chancellor of the University of Georgia 
shall have a general supervision of said school. 
The officers aforesaid shall be elected, and their 
salaries fixed either directly b}^ the Board of 
Trustees, or through said Commission or Local 
Board. 

Sec. 6. Be it further enacted by the authority Tuition, 
aforesaid, That the tuition in said school shall 
be free to all white male students w T ho are resi- 
dents of the State of Georgia. The rates of tui- 
tions to others who are not residents of this State 
shall not exceed one hundred and fifty dollars 
($150.00) per annum. 

Sec 7. Be it further enacted by the authority Local 
aforesaid, That the five persons named in the TrSees 
third section of this Act shall be a Local Board 
of Trustees for said school, with perpetual suc- 
cession as herein provided. It shall always be 
charged with the immediate control, supervision 



36 Common School Loirs. 

and management of said school, subject to the 

said Board of Trustees of the University. 

Sec. s. Be it further enacted by the authority 
F ertvof aforesaid. That all property purchased under the 
schools.* authority of this Act shall be tree from liens or 
incumbrances, and title to the same, as well ;is 
any donations that maybe made to said Commis- 
sion or Local Board, or to the Board of Trust 
of the University, for the purposes of said school, 
shall he taken in the name of the Trustees of the 
University in their corporate capacity, and said 
property shall become the property of the State 
of Georgia, and shall not be alienated by any one. 
nor shall any valid Lien he created thereon, either 
by the erection of any buildings thereon, nor 
by the act of any person, nor by the operation 
< )f law. 

Sec. 9. Be it further enacted by the authority 

comper.sa- aforesaid, That the said Commission or Local 

tiouof Board shall serve without compensation, except 

board. that their actual expenses, while they are away 

from their several places of residence attending 

to the duties of said Commission shall be paid 

by the warrant of the Governor drawn upon the 

Treasurer. 

Sec. 10. Be it further enacted by the authority 
? ation aforesaid, That all students, residents of this 
tobe State, entering this school, shall sign an obliga- 

studems^ tion in writing to teach, within the next live years 
after their leaving said school, such a length of 
time in the common schools of this State as they 
spend as Students in .-aid Normal School. 
Certificate To said students in said Normal School may he 
cieney. granted by the Faculty of said school and the 
Chancellor of the University certificates of profi- 
ciency, stating in general terms what brand 
of education tic students have been prepared to 
teach, which certificates shall authorize the 
holders thereof to teach in the common schools 
of this Stat<'. without further examination, ac- 



Common Srl/ooi Lairs, 37 

cording to the grades specified in their certifi- 
cates, and such diplomas to graduates as may be 
prescribed by said Board of Trustees. 

Sec. 11. Be it further enacted by the authority 
aforesaid. That all laws and parts of laws incon- 
sistent with this Act be, and the same are. here- 
by repealed. 
"Approved October 21, 1891. 



SETTING APART A DAY AS ' L ARBOR DAY." 

An Act to encourage tree planting, and to con- 
serve the forests of the State by setting apart 
the first Friday in December as " Arbor Day." 
and for other purposes. 

Section 1. The General Assemblv of the State First 
of Georgia do enact, That the first Friday in De- timber 11 
cember in each year shall be set apart and conse- "Arbor 
crated as a day for tree planting, and shall be ay ' 
known throughout the State as u Arbor Day." 

Sec 2. Be it further enacted, That it shall be 
the duty of the State School Commissioner to ^nc^of. 
take the matter of the observance of "Arbor 
Day" by the public, under his general supervi- 
sion, and through the County School Commis- 
sioners to cause the public schools of the State 
to observe "Arbor Day" as the superintendents 
and teachers may think best, in order to show 
the pupils the value and beauty of forestry by 
practical tree planting on school, church and 
other public lots, lawns, as well as on the public 
highways. 

Sec 3. Be it further enacted, That all law 7 s 
and parts of law T s in conflict with this Act be, 
and the same are, hereby repealed. 

Approved December 16, 1890. 



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